Delhi HC rejects plea against CJP's stir at C.P. today - New Delhi - Delhi High Court on Thursday dismissed plea by traders and vendors to restrain Cockroach Janta Party (CJP) and founder Abhijeet Dipke from holding protest at Connaught Place's Central Park on Friday.
Petitioners - New Delhi Traders Association - said C.P. gathering called by Dipke after Saurav Das and Ashutosh Ranka sent to Tihar for breaching denotified Jantar Mantar to hoist Tricolour would cause loss of business, traffic jam and law and order problem. They sought ban citing Section 163 BNSS prohibitory orders in force.
Read more - The Court Draws A Line
Justice Mini Pushkarna observed traders cannot seek blanket ban on right to protest. Right to protest is fundamental under Article 19(1)(b) and 19(1)(a), subject to reasonable restrictions. However, court said no protest can be held without permission and directed Delhi Police to decide CJP's application for permission within 24 hours, ensuring no violation of Section 163.
Court also noted Delhi Police standing order October 13 denotifying Jantar Mantar as protest site and notifying Ramleela Maidan, Burari and CBD Ground East Delhi as alternatives. Court asked whether Ramleela available - MCD said booked 362 days a year, costing Rs 50,000 plus Rs 55,000 deposit - making it illusory alternative.
For CJP, order is partial win. Dipke, who gave call for people to assemble at Central Park at 5 pm Friday carrying national flag saying waving Tiranga not a crime, can hold symbolic gathering if police grants permission. Dipke said he too might be arrested.
Police officers said Wednesday Ranka and Das made repeated attempts to disturb peace and violate law by entering denotified area. Group of 14 allegedly reached Jantar Mantar using narrow lane behind JD(U) office, climbed over locked iron gate, surveyed area Monday night. Two cases registered - disobedience of order, house trespass, criminal conspiracy. Das, Ranka, Shinde arrested under preventive provisions. Their attempts to instigate others through social media considered.
Read more - The Immunity Debate
Analytically, HC balancing act reflects Supreme Court's earlier observation in SIR plea - blanket bans impermissible, facilitation mandatory. If Jantar Mantar gone, and Ramleela unavailable, Central Park becomes new Jantar Mantar? Traders fear repeat of 2011 Anna movement that blocked C.P. for days.
For Delhi Police, challenge is enforcing denotification while not creating martyrs. Sending activists to Tihar for hoisting Tiranga gives CJP more publicity.
Hearing on Friday assembly will test whether patriotism needs permission.
Tags: #DelhiHighCourt #CJP #TirangaMarch #ConnaughtPlace #JantarMantar #Section163 #RightToProtest #AbhijeetDipke #TiharJail